Dougherty Case (trespass to land) PDF

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2020 Torts Law I Case Brief - Dougherty (trespass to land case and lecture)...

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Trespass to land

Dougherty v. Stepp Supreme Court of North Carolina, 1835 18 N.C. 371 FACTS Parties Plaintiff: Dougherty, appellant Defendant: Stepp, Appellee Procedural History: o Tried at Buncombe on the last circuit before Honor Judge Martin o Ruled in favor of defendant and plaintiff appealed Facts o Defendant had entered the land of the plaintiff o With a surveyor and chain carriers and surveyed part of it claiming it was his o Did not mark trees or cut bushes Issue: Whether or not the defendant did trespass on the plaintiff’s property? PARTIES’ ARGUEMENTS: Plaintiff: held the defendant trespassed Defendant: the land was his and he was not trespassing HOLDING: Reversed position of the first court in favor of plaintiff DISPOSITION OF THE COURT: o o o

There was error in the instructions given to the jury Damages depend on the acts done to the land and extent of injury Every entry infers some damage even if its tromping on the grass

RULE OF LAW: o

Trespass is an elementary principle that every unauthorized and unlawful entry onto that of another...